Declaration of the Prince of Orange, October 10, 1688

A printed version of the text can be found on pages 124 to 128 and pages 145 to 149 of A Kingdom without a King: The Journal of the Provisional Government in the Revolution of 1688, edited by Robert Beddard (Oxford: Phaidon Press, 1988).

PROTESTANT RELIGION AND LIBERTY

Loco sigilli.

Je maintiendray.

The Declaration of His Highness William Henry, by the Grace of God,
Prince of Orange, etc., of the reasons inducing him to appear in
arms in the Kingdom of England, and for preserving the Protestant
religion, and for restoring the laws and liberties of England,
Scotland, and Ireland.

It is both certain and evident to all men, that the public peace
and happiness of any state or kingdom cannot be preserved where the
law, liberties, and customs, established by the lawful authority in
it, are openly transgressed and annulled; more especially, where
the alteration of religion is endeavoured, and that a religion,
which is contrary to law, is endeavoured to be introduced; upon
which those who are most immediately concerned in it are
indispensably bound to endeavour to preserve and maintain the
established laws, liberties, and customs, and above all the
religion and worship of God that is established among them, and to
take such an effectual care, that the inhabitants of the said state
or kingdom may neither be deprived of their religion, nor of their
civil rights; which is so much the more necessary, being the
greatness and security both of kings, royal families, and of all
such as are in authority, as well as the happiness of their
subjects and people, depend in a most especial manner upon the
exact observations and maintenance of these their laws, liberties,
and customs.

Upon these grounds it is that we cannot any longer forbear to
declare that, to our great regret, we see that those counsellors,
who have now the chief credit with the King, have overturned the
religion, laws, and liberties of these Realms, and subjected them
in all things relating to their consciences, liberties, and
properties to arbitrary government, and that not only by secret and
indirect ways, but in an open and undisguised manner.

Those evil counsellors, for the advancing and colouring this with
some plausible pretexts, did invent and set on foot the King's
dispensing power, by virtue of which they pretend that, according
to law, he can suspend and dispense with the execution of laws,
that have been enacted by the authority of the King and Parliament
for the security and happiness of the subjects, and so have
rendered those laws of no effect; though there is nothing more
certain than that as no laws can be made, but by the joint
concurrence of King and Parliament, so likewise laws, so enacted,
which secure the public peace and safety of the nation, and the
lives and liberties of every subject in it, cannot be repealed or
suspended but by the same authority.

For thought the King may pardon the punishment that a transgressor
has incurred, and to which he is condemned, as in the cases of
treason and felony, yet it cannot be with any colour of reason
inferred from thence, that the King can entirely suspend the
execution of those laws relating to treason or felony; unless it is
pretended that he is clothed with a despotic and arbitrary power,
and that the lives, liberties, honours, and estates of the subjects
depend wholly on his goodwill and pleasure, and are entirely
subject to him, which must infallibly follow on the King's having
a power to suspend the execution of the laws and to dispense with
them.

Those evil counsellors, in order to the giving some credit to this
execrable maxim, have so conducted the matter, that they have
obtained sentence from the judges, declaring that this dispensing
power is a right belonging to the Crown, as if it were in the power
of the twelve judges to offer up the laws, rights, and liberties of
the whole nation to the King, to be disposed of by him arbitrarily
and at his pleasure, and expressly contrary to laws enacted for the
security of the subjects. In order to the obtaining this
judgement, these evil counsellors did beforehand examine secretly
the opinion of the judges, and procured such of them, as could not
in conscience concur in so pernicious a sentence, to be turned out,
and others to be substituted in their room, till by the changes
which were made in the courts of judicature they at last obtained
that judgment. And they have raised some to those trusts who have
made open profession of the popish religion, though those are by
law rendered incapable of such employments.

It is also manifest and notorious, that as His Majesty was, upon
his coming to the Crown, received and acknowledged by all the
subjects of England, Scotland, and Ireland, as their King, without
the least opposition, though he then made open profession of the
popish religion, so he did then promise, and solemnly swear at his
coronation, that he would maintain his subjects in the free
enjoyment of their laws and liberties, and, in particular, that he
would maintain the Church of England as it was established by law.
It is likewise certain, that there hath been at diverse and sundry
times several laws enacted for the preservation of those rights,
and liberties, and of the Protestant religion; and among other
securities it has been enacted, that all persons whatsoever that
are advanced to any ecclesiastical dignity, or bear office in
either University, and all others that should be put into any
employment, civil or military, should declare that they were not
papists, but were of the Protestant religion, and that by their
taking the Oaths of Allegiance and Supremacy and the Test, yet
those evil counsellors have in effect annulled and abolished all
those laws, both with relation to ecclesiastical and civil
employments.

In order to ecclesiastical dignities and offices, they have not
only without any colour of law, but against most expressive laws to
the contrary, set up a commission of a certain number of persons,
to whom they have committed the cognizance and direction of all
ecclesiastical matters; in which commission there hath been, and
still is, one of His Majesty's Ministers of State who makes now
public profession of the popish religion, and, at the time of his
first professing of it, declared that for a great while before he
had believed that to be the only true religion. By all which the
deplorable state to which the Protestant religion is reduced is
apparent, since the affairs of the Church of England are now put
into the hands of persons, who have accepted of a commission that
is manifestly illegal, and who have executed it contrary to all
law; and that now one of their chief members has abjured the
Protestant religion and declared himself a papist, by which he is
become incapable of holding any public employment.

The said commissioners have hitherto given such proof of their
submission tot he directions given them, that there is no reason to
doubt, but they will still continue to promote all such designs as
will be most agreeable to them; and those evil counsellors take
care to raise none to any ecclesiastical dignities, but persons who
have no zeal for the Protestant religion, and that hide now their
unconcernedness for it under the specious pretence of moderation.

The said commissioners have suspended the Bishop of London, only
because he refused to obey an order that was sent him to suspend a
worthy divine, without so much as citing him before him to make his
own defence, or observing the common form of process. They have
tuned out a President chosen by the Fellows of Magdalen College,
and afterwards all the Fellows, without so much as citing them
before any court that could take legal cognizance of that affair,
or obtaining any sentence against them by a competent judge. And
the only reason that was given for their turning them out was their
refusing to choose for their President a person that was
recommended to them by the instigation of those evil counsellors,
though the right of a free election belonged undoubtedly to them.
But they were tuned out of their freeholds, contrary to law, and to
that express provision of Magna Carta, that no man shall
lose his life, or goods, but by the law of the land. And now those
evil counsellors have put the said College wholly into the hands of
papists, though, as it is abovesaid, they are incapable of all such
employments, both by the law of the land and the statutes of the
College.

The Commissioners have also cited before them all the Chancellors
and Archdeacons of England, requiring them to certify to them the
names of all such clergymen, as have read the King's Declaration for Liberty of Conscience,
and of such as have not read it, without considering that the
reading of it was not enjoined the clergy by the Bishops, who are
their ordinaries.

The illegality and incompetency of the said Court of Ecclesiastical
Commissioners was so notoriously known, and it did so evidently
appear that it tended to the subversion of the Protestant religion,
that the most reverend Father in God, William, Archbishop of
Canterbury, Primate and Metropolitan of All England, seeing that it
was raised for no other end, but to oppress such persons as were of
eminent virtue, learning, and piety, refused to sit or to concur in
it.

And though there are many express laws against all churches and
chapels for the exercise of the popish religion, and also against
all monasteries and convents, and, more particularly against the
Order of the Jesuits, yet those evil counsellors have procured
orders for the building of several churches and chapels for the
exercise of that religion. They have also procured diverse
monasteries to be erected, and, in contempt of the law, they have
not only set up several colleges of Jesuits in diverse places, for
the corrupting of youth, but have raised up one of the order to be
a Privy Counsellor and Minister of State. By all which they do
evidently shew that they are restrained by no rules of law
whatsoever, but that they have subjected the honours and estates of
the subjects and the established religion to a despotic power and
arbitrary government: in all which they are served and seconded by
these Ecclesiastical Commissioners.

They have also followed the same method in relation to civil
affairs, for they have procured orders to examine all Lords
Lieutenants, Deputy Lieutenants, Sheriffs, Justices of the Peace,
and all others that were in any public employment, if they would
concur with the King in the repeal of the Test and penal laws; and
all such, whose conscience did not suffer them to comply with their
designs, were tuned out, and others put in their places, who, they
believed, would be more compliant to them in their designs of
defeating the intent and execution of those laws, which have been
made with so much care and caution for the security of the
Protestant religion. And in many of these places they have put
professed papists, though the law has disabled them, and warranted
the subjects not tho have any regard to their orders.

They have also invaded the privileges and seized on the charters of
most of those towns, that have a right to be represented by their
burgesses in Parliament, and have procured surrenders to be made by
them, by which the magistrates in them have delivered up all their
rights and privileges to be disposed of at the pleasure of these
evil counsellors, who have thereupon caused new magistrates in
those towns, such as they can most entirely confide in; and in many
of them they have popish magistrates, notwithstanding the
incapacities under which the law has put them.

And whereas no nation whatsoever can subsist without the
administration of good and impartial justice, upon which men's
lives, liberties, honours, and estates do depend, those evil
counsellors have subjected these to an arbitrary and despotic
power. In the most important affairs they have endeavoured to
discover beforehand the opinions of the judges, and have turned out
such as they have found would not conform themselves to their
intentions, and have put others in their places, of whom they were
more assured, without any regard to their abilities. And they have
not stuck to raise even professed papists to the courts of
judicature, notwithstanding their incapacity by law, and that no
regard is due to any sentences flowing from them.

They have carried this so far, as to deprive such judges, who, in
the common administration of justice, showed that they were
governed by their consciences, and not by the directions which the
others gave them. By which it is apparent that they design to
render themselves the absolute masters of the lives, honours, and
estates of the subjects, of what rank or dignity soever they may
be, and that without having any regard either to the equity of the
cause, or to the consciences of the judges, whom they will have to
submit in all thins to their own will and pleasure: hoping by such
means to intimidate those who are yet in employment, as also such
others as they shall think fit to put in the room of those whom
they have turned out; and to make them see what they must look for,
if they should at any time act in the least contrary to their good
liking, and that no failings of that kind are pardoned in any
persons whatsoever. A great deal of blood has been shed in many
parts of the Kingdom by judges governed by those evil counsellors,
against all the rules and forms of law, without so much as
suffering the persons that were accused to plead in their own
defence.

They have also, by putting the administration of justice into the
hands of papists, brought all the matters of civil justice unto
great uncertainties, with how much exactness and justice soever
that these sentences may have been given: for, since the laws of
the land do not only exclude papists from all places of judicature,
but have put them under an incapacity, none are bound to
acknowledge or obey their judgments, and all sentences given by
them are null and void of themselves; so that all such persons, as
have been cast in trials before such popish judges, may justly look
on their pretended sentences as having no more force and efficacy,
than the sentences of any private and unauthorized person
whatsoever; so deplorable is the case of the subjects, who are
obliged to answer such judges, that must in all things stick to the
rules which are set them by those evil counsellors, who, as they
raised them up to such employments, so can turn them out at
pleasure; and who can never be esteemed lawful judges, so that all
their sentences are in the construction of the law of no force or
efficacy.

They have likewise disposed of all military employments in the same
manner, for though the laws have not only excluded papists from all
such employments, but have, in particular, provided that they
should be disarmed, yet they in contempt of these laws have not
only armed the papists, but have likewise raised them up to the
greatest military trusts, both by sea and land, and that strangers
as well as natives, and Irish as well as English; that so, by that
means having rendered themselves masters both of the affairs of the
Church, of the government of the nation, and of the course of
justice, and subjected them all to a despotic and arbitrary power,
they might be in a capacity to maintain and execute their wicked
designs by the assistance of the Army, and thereby to enslave the
nation.

The dismal effects of this subversion of the established religion,
laws, and liberties in England appear more evidently to us by what
we see done in Ireland, where the whole government is put in the
hands of papists, and where the Protestant inhabitants are under
the daily fears of what may be justly apprehended from the
arbitrary power which is set up there; which has made great numbers
of them leave that Kingdom, and abandon their estates in it,
remembering well that cruel and bloody massacre which fell out in
that island in the year 1641.

Those evil counsellors have also prevailed with the King to declare
in Scotland that he is clothed with absolute power, and that all
the subjects are bound to obey him without reserve, upon which he
has assumed an arbitrary power, both over the religion and laws of
that Kingdom; from all which it is apparent what is to be looked
for in England, as soon as matters are duly prepared for it.

Those great and insufferable oppressions, and the open contempt of
all law, together with the apprehensions of the sad consequences
that must certainly follow upon it, have put the subjects under
great and just fears, and have made them look after such lawful
remedies as have been allowed of in all nations, yet all has been
without effect. And these evil counsellors have endeavoured to
make all men apprehend the loss of their lives, liberties, honours,
and estates, if they should go about to preserve themselves from
this oppression by petitions, representations, or other means
authorized by law. Thus did they proceed with the Archbishop of
Canterbury, and the other bishops, who, having offered a most
humble petition to the King in terms
full of respect, and not exceeding the number limited by law, in
which they set forth in short the reasons for which they could not
obey that order, which by the instigation of those evil counsellors
was sent them, requiring them to appoint their clergy to read in
their churches the Declaration for Liberty
of Conscience, were sent to prison, and afterwards brought to
a trial, as if they had been guilty of some enormous crime. They
were not only obliged to defend themselves in that pursuit, but to
appear before professed papists, who had not taken the Test, and,
by consequence, were men whose interest led them to condemn them;
and the judges who gave their opinions in their favours were
thereupon turned out.

And yet it cannot be pretended that any kings, how great soever
their power has been, and how arbitrary and despotic soever they
have been in the exercise of it, have ever reckoned it a crime for
their subjects to come in all submission and respect, and in a due
number, not exceeding the limits of the law, and to represent to
them the reasons that made it impossible for them to obey their
orders. Those evil counsellors have also treated a Peer of the
Realm as a criminal, only because he said that the subjects were
not bound to obey the orders of a popish justice of the peace,
although it is evident that they being by law rendered incapable of
all such trusts, no regard is due to their orders; this being the
security which the people have by law for their lives, liberties,
and estates, that they are not to be subjected to the arbitrary
proceedings of papists, that are, contrary to law, put into any
employments, civil or military.

Both we ourselves, and our dearest and most entirely beloved
consort, the Princess, have endeavoured to signify, in terms full
of respect to the King, the deep and just regret which all these
proceedings have given us; and, in compliance with His Majesty's
desires, signified unto us, we declared both by word of mouth to
his envoy, and in writing, what our thoughts were touching the
repealing of the Test and penal laws, which we did in such a
manner, that we hoped we had proposed an expedient, by which the
peace of these Kingdoms, and an happy agreement amongst the
subjects of all persuasions, might have been settled. But those
evil counsellors have put such ill constructions on those our good
intentions, that they have endeavoured to alienate the King more
and more from us, as if we had designed to disturb the quiet and
happiness of this Kingdom.

The last and great remedy for all these evils is the calling of a
Parliament for securing the nation against the evil practices of
the wicked counsellors, but this could not be yet compassed, nor
can it be easily brought about; for these men apprehending that a
lawful Parliament, being once assembled, they would be brought to
an account for all their open violations of law, and for their
plots and conspiracies against Protestants, between those of the
Church of England and the dissenters: the design being laid to
engage Protestants, that are equally concerned to preserve
themselves from popish oppression, into mutual quarellings, that
so, by these, some advantages might be given them to bring about
their designs, and that both in the election of the Members of
Parliament, and afterwards in the Parliament itself. For they see
well that, if all Protestants could enter into a mutual good
understanding, one with another, and concur together in the
preserving of their religion, it would not be possible for them to
compass their wicked ends.

They have also required all persons in the several counties of
England, that either were in any employment, or were in any
considerable esteem, to declare beforehand that they would concur
in the repeal of the Test and penal laws; and that they would give
their voices in the elections to Parliament only for such as would
concur in it. Such as would not thus pre-engage themselves were
tuned out of all employments, and others, who entered into those
engagements, were put in their places, many of them being papists;
and contrary to the charters and privileges of those boroughs, that
have a right to send burgesses to Parliament, they have ordered
such regulations to be made, as they thought fit and necessary for
assuring themselves of all the members that are to be chosen by
those corporations. And by this means they hope to avoid that
punishment which they have deserved, though it is apparent that all
acts made by popish magistrates are null and void of themselves, so
that no Parliament can be lawful for which the elections and
returns are made by popish sheriffs and mayors of towns; and,
therefore, as long as the authority and magistracy is in such
hands, it is not possible to have any lawful Parliament.

And though according to the ancient constitution of the English
government and immemorial custom, all elections of Parliament men
ought to be made with an entire liberty, without any sort of force,
or requiring the electors to choose such persons as shall be named
unto them, and the persons, thus freely elected, ought to give
their opinions freely upon all matters that are brought before
them, having the good of the nation ever before their eyes, and
following in all things the dictates of their conscience; yet now
the people of England cannot expect a remedy from a free
Parliament, legally called and chosen, but perhaps they may see one
called, in which all elections will be carried by fraud or force,
and which will be composed of such persons, of whom those evil
counsellors hold themselves well assured, in which all things will
be carried on according to their direction and interest, without
any regard to the good or happiness of the nation. Which may
appear evidently from this, that the same persons tried the members
of the last Parliament, to gain them to consent to the repeal of
the Test and penal laws, and procured that Parliament to be
dissolved when they found that they could not, neither by promises,
or threatenings, prevail with the members to comply with their
wicked designs.

But, to crown all, there are great and violent presumptions
inducing us to believe that those evil counsellors, in order to
their carrying on their ill designs, and to the gaining to
themselves more time for effecting the same, for the encouraging of
their accomplices, and for the discouraging all good subjects, have
published that the Queen hath brought for[th] a son: though there
have appeared, both during the Queen's pretended bigness, and in
the manner in which the birth was managed, so many just and visible
grounds of suspicion, that not only we ourselves, but all the good
subjects of these Kingdoms, do vehemently suspect that the
pretended Prince of Wales was not born by the Queen. And it is
notoriously known to all the world, that many both doubted of the
Queen's bigness, and of the birth of the child, and yet there was
not any one thing done to satisfy them, or put an end to their
doubts.

And since our dearest and most entirely beloved consort, the
Princess, and likewise we ourself, have so great an interest in
this matter, and such a right, as all the world knows, to the
succession of the Crown; since also the English did in the year
1672, when the States General of the United Provinces were invaded
in a most unjust war, use their utmost endeavours to put an end to
that war, and that in opposition to those who were then in
government, and, by their so doing, they ran the hazard of losing
both the favour of the Court and their employments; and since the
English nation has ever testified a most particular affection and
esteem, both to our dearest consort, the Princess, and to ourself,
we cannot excuse ourself from espousing their interest in a matter
of so high consequence, and from contributing all that lies in us
for the maintaining both the Protestant religion and the laws and
liberties of these Kingdoms, and for the securing to them the
continual employment of all their rights; to the doing of which we
are most earnestly solicited by a great many lords, both spiritual
and temporal, and by many gentlemen and other subjects of all
ranks.

Therefore it is, that we have thought fit to go over into England,
and to carry over with us a force sufficient, by the blessing of
God, to defend us from the violence of these evil counsellors. And
we, being desirous that our intentions in this matter be rightly
understood, have for this end prepared this Declaration, in which
as we have hitherto given a true account of the reasons inducing us
to it, so we now think fit to declare, that this our expedition is
intended for no other design, but to have a free and lawful
Parliament assembled, as soon as possible; and that, in order to
this, all the late charters by which the election of burgesses is
limited, contrary to the ancient custom, shall be considered as
null and of no force; and likewise all magistrates, who have been
unjustly turned out, shall forthwith re-assume their former
employments, as well as the boroughs of England shall return again
to their ancient prescriptions and charters; and, more
particularly, that the charter of the ancient and famous City of
London shall again be in force; and that the writs for the Members
of Parliament shall be addressed to the proper officers, according
to custom; that also none be suffered to choose, or to be chosen,
Members of Parliament, but such as are qualified by law; and that
the Members of Parliament being thus lawfully chosen, they shall
meet and sit in full freedom, that so the two Houses may concur in
the preparing [of] such laws, as they upon free and full debate
shall judge necessary and convenient, both for confirming and
executing the law concerning the Test, and such other laws as are
necessary for the securing and maintenance of the Protestant
religion; as likewise for making such laws as may establish a good
assurance between the Church of England and the Protestant
dissenters, as also for the covering and securing of all such, who
will live peaceably under the government as becomes good subjects,
from all persecution upon the account of their religion, even
papists themselves not excepted, and for the doing of all things,
which the two Houses of Parliament shall find necessary for the
peace, honour, and safety of the nation, so that there may be no
more danger of the nation's falling at any time hereafter under
arbitrary government. To this Parliament we will also refer the
enquiry into the birth of the pretended Prince of Wales, and of all
things relating to it, and to the right of succession.

And we, for our part, will concur in everything that may procure
the peace and happiness of the nation, which a free and lawful
Parliament shall determine, since we have nothing before our eyes,
in this our undertaking, but the preservation of the Protestant
religion, the covering of all men from persecution for the[ir]
consciences, and the securing to the whole nation the free
enjoyment of all their laws, rights, and liberties, under a just
and legal government.

This is the design that we have proposed to ourselves in appearing
upon this occasion in arms, in the conduct of which we will keep
the forces under our command under all the strictness of martial
discipline, and take especial care, that the people of the
countries through which we must march shall not suffer by their
means: and as soon as the state of the nation will admit of it, we
promise that we will send back all those foreign forces that we
have brought along with us.

We do, therefore, hope that all people will judge rightly of us,
and approve of these our proceedings; but we chiefly rely on the
blessing of God for the success of this our undertaking, in which
we place our whole and only confidence.

We do in the last place invite and require all persons whatsoever,
all the Peers of the Realm, both Spiritual and Temporal, all Lords
Lieutenants, Deputy Lieutenants, and all gentlemen, citizens, and
other commons of all ranks to come and assist us, in order to the
executing of this our design against all such as shall endeavour to
oppose us; that so we may prevent all those miseries, which must
needs follow upon the nation's being kept under arbitrary
government and slavery, and that all the violences and disorders,
which have overturned the whole constitution of the English
government, may be fully redressed in a free and legal Parliament.

And we do likewise resolve, that, as soon as the nation is brought
to a state of quiet, we will take care that a Parliament shall be
called in Scotland for restoring the ancient constitution of that
Kingdom, and for bringing the matters of religion to such a
settlement, that the people may live easy and happy, and for
putting an end to all the unjust violences that have been in a
course of so many years committed there.

We will also study to bring the Kingdom of Ireland to such a state,
that the settlement there may be religiously observed, and that the
Protestant and British interest there may be secured. And we will
endeavour by all possible means to procure such an establishment in
all the three Kingdoms, that they may all live in a happy union and
correspondence together; and that the Protestant religion, and the
peace, honour, and happiness of these nations may be established
upon lasting foundations.

Given under our hand and seal, at our Court in The Hague, the 10th
day of October in the year 1688.